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Enviado: 17 January 2019
In this blog post Colin Passmore considers Jet2 v CAA, in which Morris J. held that claims for LAP are subject to a dominant purpose test.
Enviado: 04 December 2018
This blog post examines the second of two recent post ENRC decisions on litigation privilege.
This blog post examines the first of two recent post ENRC decisions on litigation privilege.
Enviado: 21 November 2018
Now the fuss over the decision in SFO v ENRC decision has died down, it is worth focussing on comments the Court of Appeal made about the interplay between privilege and Deferred Prosecution Agreements (DPAs).
Última revisión: 19 September 2018 / Enviado: 01 May 2018
The Divisional Court has added support to the proposition that litigation privilege is not available in a criminal context until the prosecution authorities have decided actually to prosecute.
Enviado: 21 August 2018
This post looks at a recent decision which highlights concerns that the threshold required to be reached to invoke the exception is being weakened.
Enviado: 01 March 2018
This blog post considers the common interest privilege issues arising out of the judgment of Andrew Smith J in Accident Exchange Ltd & Anor v McLean & Ors.
Enviado: 02 February 2018
This blog post considers the situation where evidence is sought from a potential witness who owes a duty of confidentiality to another.
Enviado: 29 January 2018
This blog post looks at Accident Exchange Ltd & Anor v McLean & Ors  EWHC 23 (Comm) which examines the crime-fraud exception to privilege in the context of a major motor credit hire fraud.
Enviado: 15 January 2018
This blog post examines a recent US case on waiver of privilege the facts of which would, if repeated before an English Court, quite probably lead to a similar decision.
11 Apr 2019
The High Court has rejected a claim for professional negligence against a firm of quantity surveyors highlighting the difficulties faced by claimants in proving causation in such cases.
08 Apr 2019
The High Court has reaffirmed that the measure of contractual damages for breach of warranty is the diminution in value of the target company in Oversea-Chinese Banking Corporation Limited v ING Bank NV  EWHC 676 (Comm)
04 Apr 2019
The Irish Government has issued new guidance which is addressed to Irish companies importing, exporting or moving goods through the UK.
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